Comment by matsemann
2 hours ago
Is this specific to US culture? And what about your work environment makes it such a risk?
Where people are laid off here (Norway), they're still employed by law for 3 months. Most companies don't force you to work all that time, but it's pretty common to finish up your tasks, do offboarding etc for a few weeks. Never considered it an issue. Maybe it's a high trust society thing?
I have had this (garden leave) specified in contracts in Norway too - it's not strictly a requirement that you're allowed to serve out the full 3 months, but the default unless specified is 3 months. In the cases I had it in the contract, the contract generally framed it as if some other perk (like shares) served as consideration for giving my employer the right to put me on garden leave.
It is common in the UK for people in certain jobs. I think the commonest reason is to make it harder for them to take clients with them.
>Is this specific to US culture? And what about your work environment makes it such a risk?
It's called garden leave, it's popular everywhere, especially if it's a big international company with diverse workforce, sensitive to IP rights, since there's been plenty of cases of people taking company IP on USB drives to the new employer, like that Indian guy who took IP from Valeo to Nvidia and got his home raided by the police because the Valeo guys saw him share it on a Teams call lol. Same for companies in finance or that handle sensitive information. Norwegian trust doesn't fly anymore when it comes to multinational corpos.
Companies run on liability and risk mitigation. If something bad happened once (IP theft or sabotage from someone they let go), then they have to prevent from ever happening again, not keep blindly trusting people while letting it happen.
It is not that common in Norway. It has at least been argued in the past that working your notice period is not just an obligation to employer if they want to enforce it, but a right for the employee on the basis that being walked out can affect your reputation by implying possible misconduct exactly because it has generally been uncommon in Norway.
I haven't worked in Norway for a long time, so haven't kept up to date on the current legal position. The typical argument used to be that if there were concerns over IP theft or sabotage, there were other ways of protecting against that - and indeed, insider risk is something companies need to deal with whether or not someone has been fired.